[Federal Register Volume 65, Number 36 (Wednesday, February 23, 2000)]
[Rules and Regulations]
[Pages 8850-8851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4260]


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DEPARTMENT OF EDUCATION

34 CFR Part 75


Office of Elementary and Secondary Education--Safe and Drug-Free 
Schools and Communities Act Native Hawaiian Program; Direct Grant 
Program

AGENCY: Department of Education.

ACTION: Notice of final waiver.

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SUMMARY: The Secretary waives the requirements in Education Department 
General Administrative Regulations (EDGAR) at 34 CFR 75.261 in order to 
extend the project period under the Safe and Drug-Free Schools and 
Communities Act (SDFSCA) Native Hawaiian Program, under title IV of the 
Elementary and Secondary Education Act of 1965, as amended (ESEA), from 
48 months to up to 72 months. This action allows services under this 
program to continue uninterrupted and results in the awarding of up to 
two continuation awards for a total of up to 24 months to the existing 
grantee, using fiscal year (FY) 1999 and FY 2000 funds.

DATES: This waiver becomes effective February 23, 2000.

FOR FURTHER INFORMATION CONTACT: Elayne McCarthy, U.S. Department of 
Education, 400 Maryland Avenue, SW,

[[Page 8851]]

Room 3E322, Washington, DC 20202-6123. Telephone: (202) 260-2831; FAX: 
(202) 260-7767.
    Individuals who use a telecommunications device for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339.
    Individuals with disabilities may obtain this document in an 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION: In 1994, title I of the Improving America's 
Schools Act (IASA), Public Law 103-382, reauthorized the ESEA for a 
period of 5 years (1995-1999). The Safe and Drug-Free Schools and 
Communities Native Hawaiian Program is authorized by sections 
4111(a)(4) and 4118 of the SDFSCA, which is title IV of ESEA. Section 
4118(a) of the SDFSCA authorizes the Secretary to make grants to or 
enter into cooperative agreements or contracts with ``organizations 
primarily serving and representing Native Hawaiians which are 
recognized by the Governor of the State of Hawaii to plan, conduct, and 
administer programs, or portions thereof, which are authorized by and 
consistent with the provisions of SDFSCA for the benefit of Native 
Hawaiians.'' Section 4118(b) of the SDFSCA defines the term ``Native 
Hawaiian'' as any individual whose ancestors were natives, prior to 
1778, of the area which now comprises the State of Hawaii.
    In 1995 the Department held a competition under section 4118 of the 
SDFSCA among the eligible entities for the SDFSCA Native Hawaiian 
Program. As a result of that competition, the Secretary awarded a grant 
to one entity with FY 1995 funds for a project period of 48 months, 
based on the grant application. Since that time, the grantee for the 
SDFSCA Native Hawaiian Program under the SDFSCA has received 
continuation awards with funds from three subsequent fiscal years (FY 
1996, FY 1997, and FY 1998). The grantee has received approximately $1 
million per year.
    As of the date of publication of this final notice, the ESEA has 
not been reauthorized, and the current authorization has been extended 
into FY 2000. This waiver allows the period of funding for the SDFSCA 
Native Hawaiian Program to be directly tied to the time period for 
reauthorization of the current ESEA, including SDFSCA. This waiver for 
the SDFSCA Native Hawaiian Program is in force only as long as the 
current SDFSCA is in effect and will terminate upon reauthorization of 
ESEA.
    If the Department were to hold a new competition under the existing 
legislation in FY 2000 (using FY 1999 funds), the Department would only 
fund the project for a limited project period up to 24 months, in 
anticipation that the program statute would be reauthorized prior to FY 
2001. It would take a new grantee much of this time to `start up', 
given the scope and complexity of the services provided and the time it 
takes to hire qualified staff and develop plans and relationships that 
are responsive to the Native Hawaiian population in the Hawaiian 
islands. Holding such a competition would impose additional costs at 
the Federal level without a guarantee that the new grantee would be 
able to provide the technical assistance and services necessary to 
schools and communities serving the Native Hawaiian population, as the 
Department moves towards reauthorization of ESEA. Therefore, in the 
best interest of the Federal Government, the Assistant Secretary 
extends the current project for up to two additional years and waives 
the regulation at 34 CFR 75.261, which permits extensions of projects 
only at no cost to the Federal Government. This action is consistent 
with the President's mandate to implement cost-effective, cost-saving 
initiatives.
    On October 6, 1999, the Secretary published a notice of proposed 
waiver (64FR 54254-54255) for the Safe and Drug-Free Schools and 
Communities Act Native Hawaiian Program. In the notice of proposed 
waiver the Secretary invited public comments. The Secretary received 
one comment that did not propose a substantive change, and therefore is 
not addressed in this final notice of waiver.

Intergovernmental Review

    This program is subject to the requirements of Executive Order 
12372 and the regulations in 34 CFR 79. The objective of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism by relying on processes developed by State and local 
governments for coordination and review of proposed Federal financial 
assistance. In accordance with this order, this document is intended to 
provide early notification of the Department's specific plans and 
actions for this program.

    Program Authority: 20 U.S.C. 7111(a)(4); 20 U.S.C. 7118.

Waiver of Delayed Effective Date

    The Secretary waives the delayed effective date under 5 U.S.C. 
553(d) as unnecessary and contrary to the public interest. This notice 
extends the grant period for the current SDFSCA Native Hawaiian Program 
grantee to ensure continuation of services while the current SDFSCA is 
in force. It will terminate upon reauthorization of ESEA. A delayed 
effective date would serve no useful purpose.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at either of the 
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

To use PDF you must have the Adobe Acrobat Reader Program with Search, 
which is available free at either of the previous sites. If you have 
questions about using the PDF, call the U.S. Government Printing Office 
(GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area 
(202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html.

Catalog of Federal Domestic Assistance Number 84.186C.

    Dated: February 17, 2000.
Michael Cohen,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 00-4260 Filed 2-22-00; 8:45 am]
BILLING CODE 4000-01-M